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Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap Judgment:...more

Court Certifies Interlocutory Appeal for the FTC v. Wyndham Matter

This blog previously discussed various aspects of the Federal Trade Commission (“FTC”) action filed against Wyndham Worldwide Corp. (“Wyndham”) under Section 5 of the FTC Act, which prohibits “unfair and deceptive acts or...more

Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print

If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages...more

Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security

We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has...more

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the...more

The Download - June 2014

In this issue: - Senate Judiciary Subcommittee Holds Hearing on Location Privacy Protection Act -Senate Homeland Security Permanent Subcommittee on Investigations’ Hearing and Report on Potential Security...more

Wyndham Gets Life Preserver in Data Breach Case

New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. ...more

FTC Data Broker Report Recommends New Consumer Protection Legislation

Report Outlines Best Practices for Data Broker Industry - The Federal Trade Commission (FTC) released its report, Data Brokers: A Call for Transparency and Accountability, based on an in-depth study of nine data...more

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended...more

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

FTC Testifies to Congress on Proposed Senate Geolocation Data Privacy Bill

Earlier this month, the Federal Trade Commission (FTC) testified to the Senate Judiciary Committee’s Subcommittee for Privacy, Technology and the Law about proposed Senate Bill 2171, “The Location Privacy Protection Act of...more

“Getting to Know You, Getting to Know All About You…” FTC Data Brokers Report Calls for More Industry Transparency, Regulation in...

“You may not know them, but data brokers know you,” Federal Trade Commission (FTC) Chairwoman Edith Ramirez said when she announced the release of the Commission’s newest report on the data broker industry. And in the FTC’s...more

California Attorney General Issues Privacy Policy Guide

On May 21, 2014, California's Attorney General Kamala D. Harris issued the "Making Your Privacy Practices Public" guide (the "Guide") to provide businesses with guidance on creating more transparent privacy policies that...more

FTC Report Seeks Congressional Review of Data Broker Industry

As the advent of “big data” increasingly takes center stage in the data and privacy sphere, data brokers—companies that compile and resell or share consumers’ personal data—have come under increased scrutiny. On May 27, 2014,...more

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Back Off Business, Cybersecurity Is FTC's Turf Now

On March 7, 2014, U.S. District Judge Esther Salas in New Jersey issued a much anticipated decision rejecting a direct challenge to the Federal Trade Commission’s authority to police corporate cybersecurity practices. Seeking...more

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

Advertising Law - June 2014

Native Advertising Needs Better Disclosures, Says NAD - Taking another look at native advertising, the National Advertising Division recommended that Internet-based ad company Taboola modify its “recommendation widget”...more

FTC Report Calls For Increased Data Broker Transparency

On May 27, the FTC released a report that claims—based on a study of nine data brokers—that data brokers generally operate with a “fundamental lack of transparency.” The FTC describes data brokers as companies that collect...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

Dealing with a Data Broker? Here's What you Need to Know

The FTC recently released its report, “Data Brokers: A Call for Transparency and Accountability.” The report is the result of a study of nine data brokers and provides legislative recommendations...more

Privacy & Cybersecurity - May 2014

In This Issue: - EU Court of Justice Creates Broad Interpretation of the ‘Right to be Forgotten’ - White House Publishes Report on Risks and Opportunities Posed by ‘Big Data’ Practices - California AG...more

The “Internet of Things” Rises

Refrigerators that tell you you’re out of milk, cars that warn of an imminent collision, implants that know if you’ve taken your medicine—by tying almost anything into a wireless network, the “Internet of Things” promises to...more

LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim

As far as disputes between administrative agencies and investigated companies, this one has gotten particularly public and ugly. The dispute in question involves the Federal Trade Commission (FTC) and LabMD Inc. (LabMD)...more

Advertising Law - May 2014

Here Today, Still Here Tomorrow: FTC Settles With Snapchat - Now you see it … and now it’s still there. Mobile messaging app Snapchat went with a catchier slogan, promising consumers that pictures and videos...more

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